Heritors of the Parish of Collessie v. Miss Henrietta Scott
Date: 17 July 1782 Case No. No. 82.
Whether separate reddendos for stock and tithe be inconsistent with decimę inclusę?
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Miss Scott was proprietress of certain lands which had anciently belonged to separate the abbacy of Lindores. In all the different charters of these lands, the teinds were comprehended, and uniformly denominated, decimæ garbales inclusæ. Different duties, however, for stock and teind were contained in those charters, and paid by the vassals.
In a process of augmentation, Miss Scott claimed an immunity from payment of stipend for these lands, as being held by her cum decimis inclusis.
But the Court, considering that lands granted can decimis inclusis were such as had never been subject to the exaction of teind, or in which there had never existed a separation of stock and tithe, whereas here were an actual separation and a corresponding distinct payment of duties, adhered to the Lord Ordinary’s interlocutor repelling the objection.
Lord Ordinary, Gardenstone.Act. Tytler.Alt. Ilay Campbell, R. Dundas.
Fol. Coll. No. 54. p. 86.
